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BERONGOY & MONTECLAR LAW FIRM

BERONGOY & MONTECLAR LAW FIRM

Tagbilaran, Philippines

Free Consultation: 15 mins


Founded in 2010
7 people in their team
About UsFounded in 2010 by the astute Atty. Ferdinand Berongoy, our law firm initially began its journey with Atty. Berongoy as a solo legal...
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Philippines Child Custody Legal Questions answered by Lawyers

Browse our 5 legal questions about Child Custody in Philippines and the lawyer answers, or ask your own questions for free.

Unmarried couple fighting for the parental right
Family
Child Custody
Child Support
Please contact our office at [email protected] or 09189395137 - Atty Mario P Narag Jr 
how my children be adopted to my husband?
Family
Child Custody
please email us at [email protected] or call me at 09189395137
I think my ex-wife is turning my daughter against me. What to do?
Child Visitation
Child Custody
Family
Good Day!The appropriate legal remedy would be to initiate a Petition for Custody over a minor. It's important to understand that child custody cases are complex and sensitive, and the primary consideration in such matters is the 'Best Interest of the Child.' This legal principle places the child's well-being, safety, and overall welfare as the highest priority in any custody determination. Please   keep in mind that every child custody case is unique, and the specific steps and strategies involved may vary depending on the details of your situation. If you have any further questions or require legal assistance, please don't hesitate to reach out to us for a more in-depth consultation. Your child's well-being is of the utmost importance, and we are here to help you navigate the legal process to achieve the best possible outcome. you may visit our profile for further help.

About Child Custody Law in Tagbilaran, Philippines:

Child Custody law in Tagbilaran, Philippines, is guided by the Family Code of the Philippines, which is an executive order that details family and property relation laws in the country. When parents divorce or separate, one of the most important decisions involves determining who will have custody of the children. The Philippine law usually favors the mother for custody for children under seven years old, although the welfare of the child is given utmost importance.

Why You May Need a Lawyer:

You may need a lawyer in situations where the separation is not amicable, and there is a disagreement over custody of the child. A lawyer's assistance is also necessary if there are complexities such as parents living in different countries, the presence of abuse, or cases where the child’s welfare is compromised. Child custody battles can be emotionally taxing and legally complicated, so it's often beneficial to have legal representation to navigate these complexities and fight for the best interest of the child.

Local Laws Overview:

In Tagbilaran, Philippines, child custody laws are set by the state and are primarily guided by the 'Best Interest of the Child' principle. This means that all custody decisions are made to ensure the child's happiness, security, mental health, and emotional development. It's important to note that while mothers are primarily awarded custody for children under seven years of age under normal circumstances, fathers may also be granted custody if it’s proven that mothers are unfit or unsuitable.

Frequently Asked Questions:

1. Who usually gets custody?

Under normal circumstances, mothers are generally awarded custody for children under the age of seven. However, these decisions are precautionary measures, and the courts can consider other factors such as the capability of parents, household stability, and the child’s preference, especially for older children.

2. Can a father win a custody case?

Yes, a father can win a custody case if it’s proven that the mother is unfit or if the child is over seven years old and holds a strong preference for the father, provided the father proves he can best satisfy the child's overall well-being.

3. Is joint custody possible?

Yes, joint custody is possible and becoming more common in Tagbilaran, as it allows both parents to have an active role in their child's life, provided the arrangement operates in the child's best interests.

4. Does the child have a say in custody?

Yes, the child, if over ten years old, might have a say in the custody decision as courts may consider the child's preference.

5. Can custody orders be modified?

Yes, custody orders can be modified if there's a significant change in circumstances affecting the child's welfare, and the modification is in the child's best interests.

6. Can grandparents or other relatives be given custody?

In the absence or unavailability of both parents, grandparents or other relatives may be awarded custody if it is in the child's best interest.

7. If the mother is awarded custody, does the father have visitation rights?

Yes, generally, the non-custodial parent is granted reasonable visitation rights to maintain a relationship with their child, unless it’s proven that such visits would be harmful to the child.

8. What factors are considered in determining the best interest of the child?

Various factors are considered, including the parents' ability to provide for the child, their emotional ties to the child, any history of family violence or substance abuse, and sometimes, the child's own wishes.

9. Is child support mandatory in child custody cases?

Yes, under the Family Code, the parent without custody is required to contribute to the support, education, and overall wellbeing of the child.

10. How does a court decide on child custody cases?

The court evaluates all relevant factors and makes a decision based on the 'best interest of the child' standard. It considers the overall capability of each parent to promote the child's wellbeing.

Additional Resources:

For further child custody law assistance in Tagbilaran, Philippines, you can approach government bodies such as the Department of Social Welfare and Development (DSWD) and the Public Attorney's Office (PAO), which both assistor in protecting children's rights. Non-governmental organizations like the Child Protection Network Foundation also provide vital resources and support.

Next Steps:

If you need legal assistance in child custody, it's advisable to consult with a local lawyer who specializes in family law in the Philippines. They can guide you through the legal process, represent your best interests, and help secure the best possible outcome for your child. Prepare all the necessary child and parenting-related documents and information before your meeting to fast track the process.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.